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Blk 57/CITY/Trent/Alley Use/Lots 8-10 & 18-20111111 1111111111111111111111111111111111111111 FILE g 20170:011087 OR BK 798 PG 938 DATE: 11/15/2017 12:53=338 PTI SHARON ROBERTSON CLERK. & COMPTROLLER OKEECHOBEE COUNTY? FLORIDA RECORDING FEES $18.50 RECORDED BY G hlewbourn P95 938 - 939; (2 pss ASSIGNMENT OF LICENSE AGREEMENT (Use of Alley) WHEREAS, the City of Okeechobee, Florida (hereinafter CITY) granted a License Agreement/Use of Alley Agreement to John Marcus Lowe and Constance W. Lowe on March 15, 2010, over the following alley or right-of-way within the City: THAT 15 FOOT WIDE ALLEYWAY RUNNING NORTH TO SOUTH LOCATED BETWEEN LOTS 8, 9, AND 10 AND LOTS 18, 19, AND 20 OF BLOCK 57, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OKEECHOBEE COUNTY, FLORIDA; AND WHEREAS, the Lowes have sold their property adjoining the alley of these described lots to Ronald L. Trent, who desires to assume the License Agreement/Use of AIIey Agreement, which requires the consent and approval of the CITY; and therefore, 1. IT is thereupon agreed by the CITY and Ronald L. Trent that he, or any Corporation or LLC in which Ronald L. Trent is the principal owner (hereinafter OWNER), agrees to assume the terms of the original License Agreement granted by the CITY to the Lowes, and to abide by each and every term contained therein. (License Agreement of March 15, 2010 attached and incorporated herein). 2. THAT in addition to the terms of the March 15, 2010 Agreement, the CITY adds the following terms and conditions, which OWNER further agrees with and to abide by these additional terms and conditions for the duration of the license: a. OWNER agrees to contact their insurance company and require an endorsement be added to their General Liability Insurance policy listing the CITY as an additional insured with a Certificate of Insurance, as well as a certified copy of the endorsement, furnished to the CITY showing the portion of the 15 -foot wide alleyway within said Block 3, located between Lots 1, 2, and North 3 -feet of Lot 4 and Lots 7, 8, and North 3 -feet of Lot 9 as herein described, to be used by them, insuring the CITY against any liability arising out of alleged injuries or other activities which may occur within the alleyway. In any event, OWNER agrees and shall hold the CITY harmless for any and all action, suit, claim, injury, or cause of action of any nature arising out of OWNER'S permissive use, and indemnify CITY for such, including costs and attorney fees. b. OWNER agrees to furnish the CITY with a copy of the Certificate of Insurance listing the CITY as an additional insured, as well as a copy of the policy endorsement, annually upon renewal with their insurance carrier. c. OWNER agrees this license is non -assignable without the express written consent of the CITY; and if OWNER sells or transfers said subject property or any portion of said subject property, as described herein, the covenants shall bind themselves, their heirs and assigns, and said covenants shall run with the land. 3. The City Clerk shall cause this license to be recorded in the public records of Okeechobee County, Florida. 4. OWNER agrees to reimburse the CITY all recording costs. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the aforesaid date. FOR OWNER: Signed, sealed and delivered in presence of: Ron d L. Trent STATE OF FLORIDA COUNTY OF OKEECHOBEE Pio/ exunirttb Witness sl •nature Paliv Bajne fe Witness Wrinted Name 55 SE 3rd A velure QI<eectio bee, FL. Witness Address h4,1741 The fore ing instrument was acknowledged and subscribed before me this /54` , day of okkeillber 20 /% , by Ronald L. Trent, who signed in the presencof witness(es); and who produced as identification, or is personally known. Name of Notary (typed, printed or stamped) Commission No. FP Qg51i ACCEPTED FOR THE CITY: avid en, Public Works Director REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Notary ' 4:lic ignature i SOME JO JENKINS Commission 0 FF 075400 My Commission Exisiroo March 24, 2020 ATTEST: Lane'Gamiotea, C C, City Clerk